Brown & Brown Insurance Market Report Flags Growing Risks in Healthcare Professional Liability Sector
March 10, 2026
byA new insurance market report from brokerage Brown & Brown analyzing trends across industry segments — including agriculture, real estate,
aviation, environmental liability, financial institutions and other specialty lines — highlights growing pressures in the healthcare professional liability (HPL) sector driven by rising verdict severity.
According to the report, professional liability claims in the healthcare sector have reached “an all-time high in terms of value,” with the average of the top 50 medical malpractice verdicts increasing from $27 million in 2019 to $56 million in 2024 and the number of verdicts exceeding $10 million more than doubling since 2015. The authors say the more plaintiff-friendly legal environment is also contributing to higher malpractice settlements.
Despite the escalating litigation environment, the market is expected to experience modest rate increases compared with other healthcare coverage lines. The report indicated that healthcare organizations should expect medical professional liability rates to increase by between 5% and 10% in the coming year, although more litigious jurisdictions are experiencing larger increases as insurers respond to loss trends.
While primary medical malpractice coverage remains relatively stable, insurers are tightening capacity in excess and umbrella liability layers covering healthcare organizations. Carriers are reducing available excess capacity for hospitals and health systems, making it more difficult for organizations to secure large liability towers, with projected rate increases between 15% and 25%, according to the report.
“Carriers are tightening terms and scrutinizing risks more closely, particularly for high-exposure areas,” the report’s authors wrote. “Markets are actively reducing their excess and umbrella capacity for hospitals and health systems, making it difficult to secure significant limits.”
The report points to the rapid expansion of allied healthcare providers as another potential driver of future claims. It notes that the number of allied healthcare professionals doubled between 2012 and 2023, and “with the increase in providers, some of whom work independently, we could see a rise in the frequency and severity of medical malpractice claims for these professionals.”
The report describes the healthcare sector as navigating significant transformation driven by financial pressures, regulatory changes and technological developments. Industry consolidation, lingering staff shortages and the expanding incorporation of artificial intelligence are reshaping healthcare operations and influencing the risk profiles insurers must evaluate. Those operational changes are unfolding against a broader liability backdrop characterized by rising litigation costs and increasingly large jury verdicts.
Given these dynamics, the report emphasizes the importance of risk management practices for healthcare providers seeking liability coverage. Healthcare organizations are encouraged to begin renewal discussions early, strengthen patient safety and risk management programs and maintain documentation of staffing levels, training protocols and patient care guidelines. The report also advises organizations to bolster cybersecurity and vendor oversight practices as technology-related exposures become a growing factor in liability underwriting.
safety and reduce communication-related medical errors through the launch of the Healthcare Communications Improvement Initiative.
policy owners since inception.
offering designed to help hospitals and physician practices simplify insurance accounts receivable (A/R) resolution, optimize cash collections, accelerate cash flow, and improve both financial and patient experience outcomes. According to the company, this launch reinforces Curi Advisory’s commitment to helping its healthcare clients achieve elite financial and operational performance.
Protection Trust (MPT) with a stable outlook. MPT is one of California’s leading providers of medical malpractice coverage, serving more than 13,000 physicians.